No decision in state open records office dispute

Shortly after taking office last month, Gov. Tom Wolf ousted Erik Arneson as director of the state Office of Open Records. Arneson contends Wolf does not have the authority to remove him because the Office is outside of the governor's control.

Shortly after taking office last month, Gov. Tom Wolf ousted Erik Arneson as director of the state Office of Open Records. Arneson contends Wolf does not have the authority to remove him because the Office is outside of the governor's control.

Did Erik Arneson get his job back as director of the state Office of Open Records?

HARRISBURG – The ousted director of the state Office of Open Records did not immediately get his job back following a hearing Wednesday in Commonwealth Court.

President Judge Dan Pellegrini did not rule on whether Gov. Tom Wolf was within his power to remove Erik Arneson as director last month. Arneson had been named director only about a week prior as a last-minute appointment by outgoing Gov. Tom Corbett.

Instead, the full Commonwealth Court will hear the case on March 11.

Arneson is suing to get his job back. He had sought an injunction to reinstate him to his position while the case played out, but withdrew that request at the end of Wednesday's hearing.

In his termination letter, Wolf told Arneson his appointment "lacked transparency" and "was of questionable timing."

"It is precisely this style of governing that causes Pennsylvania's citizens to become skeptical and lose trust that their state government is acting in their best interest," Wolf wrote to Arneson in his termination letter.

The Office of Open Records hears disputes about whether government documents should be made public under the state's Right-to-Know law.

Arneson's attorneys argued Wednesday that the law intends for the office to be independent of the governor's office and that the director cannot be removed without cause.

The attorney general's office, arguing on behalf of Wolf, argued Wednesday that Wolf acted within his authority.